Discrimination, Best Practices

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

Holland & Hart LLP on 1/14/2025

The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Department of Labor’s AI Best Practices: Key Takeaways for Employers

Woods Rogers on 1/13/2025

In October 2024, the Department of Labor released its principles and best practices for developers and employers using AI (pdf), aiming to provide employers with guidelines to promote workplace augmentation through the use of...more

Recent NJ Appellate Division Offers Guidance on Sexual Harassment of Non-Employees

Stark & Stark on 1/8/2024

The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more

New AI Executive Order Outlines Sweeping Approach to AI

Wiley Rein LLP on 11/1/2023

On October 30, 2023, the White House released an Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO), which outlines a sweeping plan for encouraging the development and managing the risks of...more

Using AI in Human Resources: Benefits and Risks

Gould + Ratner LLP on 5/9/2023

Artificial intelligence (AI) is already a key feature in many people’s lives, including at work. While some AI platforms have been around for years, highly advanced intelligence platforms, such as ChatGPT, could become...more

Health Care Providers’ Crisis Care Guidelines in Light of Recent OCR and CDPH Guidance

Nossaman LLP on 10/2/2020

Faced with an ongoing public health emergency that threatens to overload healthcare systems, many states, including California, have developed or revisited their crisis care guidelines to address a potential COVID-19 patient...more

Tackling Bias Issues in Artificial Intelligence

Morgan Lewis - Tech & Sourcing on 9/11/2020

Bias issues in AI decisionmaking have become increasingly problematic in recent years, as many companies increase the use of AI systems across their operations. On one hand, AI can help reduce the impact of human biases in...more

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part Two – Legal Considerations, FAQS, and...

Patterson Belknap Webb & Tyler LLP on 6/4/2020

In Part One of this alert, we discussed several practical considerations that employers should bear in mind as they plan for the safe return of their employees to the workplace. Here, in Part Two, we explain how employers...more

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

Sheppard Mullin Richter & Hampton LLP on 4/9/2020

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

HR ‘Don’ts’ Inspired by Netflix’s Tiger King

FordHarrison on 4/6/2020

In the midst of our pandemic-induced self-isolation and, in many cases, mandatory shelter-in-place orders, some of you have probably used this time to better yourselves. Perhaps you’ve tried out some new recipes or began an...more

Help! I Just Received a Charge of Discrimination. Now What? - Part 2 of 3

FordHarrison on 11/13/2018

In this three-part series, we are exploring best practices for handling a charge of discrimination. The first part of the series addressed important preliminary questions you should be asking upon initial receipt of the...more

The Patient Is Not Always Right: Discriminatory Staffing Requests Can Create Legal Exposure

Fisher Phillips on 2/13/2017

Employer reports of bigoted or inappropriate comments made by customers to employees or other patrons have become increasingly common for employers in all industries. In the healthcare industry, this often takes the form of a...more

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper Locke on 1/4/2017

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

The Ten Most Important Rules for Employers

Zelle LLP on 10/9/2015

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Transcending Gender In Schools: Is Gender Neutral The New Normal?

Fisher Phillips on 10/5/2015

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

McGuireWoods LLP on 9/25/2015

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

No Credit, No Problem: NYC’s New Guidance Further Limits Employer Credit Checks

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/22/2015

As we previously reported, New York City recently passed a law prohibiting employers from requesting or using an individual’s credit history in making employment decisions. On September 3, 2015—the same day that the new law...more

ADA Compliance: Landlords, You're On the Hook

Polsinelli on 9/3/2015

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Last Minute Write-Up Has Unintended Negative Legal Results

Parker Poe Adams & Bernstein LLP on 8/31/2015

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

Workplace Violence – Putting Employers on the Horns of a Dilemma

Seyfarth Shaw LLP on 8/14/2015

Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their...more

Equality Act of 2015 Seeks New Workplace Protections for Sexual Orientation and Gender Identity

Sands Anderson PC on 7/24/2015

Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The...more

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

Epstein Becker & Green on 5/6/2015

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

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